Using acquitted conduct at sentencing
Franklin v. United States
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Roy O. Franklin, Jr. asked whether a sentencing judge may use conduct a jury acquitted him of to raise his advisory Sentencing Guidelines range and sentence.
- Who it affects
- The denial ends Franklin’s request for Supreme Court review but does not resolve whether the sentencing judge could consider the acquitted conduct.
Summary: written with AI from the case record.
What it's about
The Supreme Court refused to hear his case (denied review), so it did not decide that question.
The question tied Fifth and Sixth Amendment protections to how a judge sets a federal sentence.
Question presented
Whether the Fifth and Sixth Amendments permit a sentencing court to use conduct of which the jury acquitted the defendant to increase the defendant’s advisory Sentencing Guidelines range, and ultimately the sentence imposed under 18 U.S.C. Section 3553(a).
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.